Commonwealth v. Marvel

WEKSELMAN, Judge:

Appellant and an accomplice attempted to rob a tavern in Chester, Pa., on October 13, 1976. Appellant, wearing a stocking mask, held a revolver on the patrons while his accomplice emptied the cash register. Appellant then asked the patrons for their wallets. One of the patrons was Morris Albany, an off-duty police officer. Albany, instead of complying with appellant’s order, attempted to disarm appellant and the two became engaged in a scuffle and wrestling match. At some point during the scuffle, Albany’s service revolver was drawn and several shots were fired. Appellant…